Social media icons

Community Infrastructure Levy 2020 (CIL)

Until further notice due to the Coronavirus we are unable to accept PAPER planning applications, comments on planning applications, compliance complaints or forms relating to the Community Infrastructure Levy (CIL) as all staff are now working from home. Planning applications must be made electronically via the planning portal www.planningportal.co.uk . Comments on planning applications must be made on the online by searching for the application on the website and entering a comment https://www.arun.gov.uk/weekly-lists , compliance complaints must be made on the online form https://www.arun.gov.uk/planning-compliance and the submission of CIL forms (with the exception of CIL Form 1 which must be submitted with the planning application itself) must be sent to CIL@arun.gov.uk.

We are working towards setting up a Development Control Committee for 27 May 2020 to determine planning applications in the normal way. The Government are setting out legislation on how this should be achieved. The Government sent a letter to local councils recently, which is attached here: Chief Planners Newsletter - March 2020.pdf [pdf] 135KB . There is currently no change to the Council’s scheme of delegation and applications will still need to be determined at a Committee meeting if necessary. It is highly likely that this meeting (and future meetings) will be held remotely or with a reduced number of members and details will be published when they have been agreed.

We will not issue any delegated officer decision to approve a major application or a minor application where there are a significant number of objections and the Parish/Town Council have not had the opportunity to comment because of the Covid 19 Pandemic until consultation has been carried out with the Chairman of the Development Control Committee and Portfolio Holder for Planning to confirm that they are in agreement that a decision can be issued.

From 1 April 2020, all relevant planning applications granted full planning permission on or after that date will be subject to CIL.If you have any specific questions at this time, please do get in touch: cil@arun.gov.uk or 01903 737448 and ask for Planning Policy.

The Arun CIL Charging Schedule and CIL Charges

The Arun CIL Charging Schedule and CIL Charges

Arun District Council approved the Arun Community Infrastructure Levy (CIL) Charging Schedule on 15 January 2020 and agreed that it would come into effect on 1 April 2020. You can open the Charging Schedule using this link: Arun CIL Charging Schedule Jan 2020.pdf [pdf] 1MB

This means that from 1 April, Arun District Council will be a CIL Charging Authority and will charge CIL liable developments on a pound (£) per square metre (sqm) basis in accordance with the charges in Table 6.1 of the Arun CIL Charging Schedule. Rates will vary based on the type, size (please consult the Charging Schedule referred to below) and location of each development. (see also the interactive CIL charging maps as referred to below).

CIL is a type of developer contribution which will be used by the Council alongside S.106 and S.278 contributions.

The introduction of CIL does not mean that S.106 obligations will no longer be used. In some cases, CIL and S.106 will work alongside each other to ensure adequate mitigation is provided to address the impacts of development.

The extent to which S.106 obligations will be used will depend on whether CIL is applicable to a development. For example, where development is proposed which is for a type, and in a location, where CIL applies, then the development will be charged CIL on a £/sqm basis and S.106 will only be used to deliver affordable housing (where applicable), contribution for Access Management at Pagham Harbour (if applicable) and any on-site mitigation. However, in some cases, development is ‘zero’ rated for CIL. Examples of these include:

The Arun CIL Charging Schedule and the Planning Policy Sub-Committee report (of 17 December 2019), which sets out the modifications made to the Draft Charging Schedule, as recommended by the CIL Examiner, are published below.

Please note:

The CIL Zone Maps are available in the section below;

Arun will accept payments of CIL receipts by instalment, in accordance with the Council’s Instalments Policy, which can be found under Section 7 of the Charging Schedule; and

In accordance with paragraph 3.3 of the Charging Schedule, the CIL charge will take into account inflation in accordance with the CIL Index (based on the BCIS All-in Tender Price Index). Indexation process will take effect from April 2021. For more information, see the Frequently Asked Questions document provided below

CIL Zone Maps

Alternatively, please use our online Geographical Information System (GIS) to view the council's proposed CIL Charging Zones. The map also includes parish boundary information. Please see the instructions below to find out how to use the mapping system:

You can simply click on the map to identify the zone classification

Or, search for your property by full address or postcode, in the box centred above the map window.

Once you have located your property in this box click on the address.

This will centre the map over your selection and put a pin on the property

To see the information relating to this property use the drop down menu called “What would you like to do?” and select “Local Knowledge”

How will CIL Affect You?

CIL is a charge on new development and the money received will fund essential infrastructure such as transport schemes, flooding, greenspace, leisure centres and schools, to support planned growth from development.

CIL is governed by the CIL Regulations 2010 (as amended). This webpage is intended as a summary of the relevant provisions. For detailed guidance, you should always refer to the CIL Regulations 2010 (as amended), Ministry of Housing Communities of Local Government’s (MHCLG) National Planning Practice Guidance and the Planning Portal. You should seek your own advice if you are in any doubt as regards to how CIL operates or affects your own position.

A development is liable for CIL if it:

creates a new dwelling of any size; or

creates 100sqm or more of gross internal floorspace (new build), before making deductions for existing floorspace that is to be demolished; and

involves new buildings or floorspace into which people normally go.

CIL applies to development permitted through a planning application, or an appeal. CIL can also apply to certain developments allowed under Permitted Development rights (i.e. where an application for planning permission is not required), where the requirements for CIL are triggered. In these cases you must submit a Notice of Chargeable Development (CIL Form 5). Failure to do so means that the Council can impose penalty surcharges, up to £2,500. (See further information below)

Please note:

It is the Council’s local validation requirement that you submit CIL Form 1: CIL Additional Information alongside any planning application. Your planning application will not be validated until this is received.

If your development is CIL liable regardless of whether relief has been granted, you must notify us of your intention to commence works before development starts on site (including site preparation/demolition) by submitting Form 6: CIL Commencement Notice. You must also have notified us of the person(s) who will assume liability to pay CIL (by submitting CIL Form 2: Assumption of Liability), and made any applications for relief (and received a decision) before commencement.

All forms that must be submitted are available on the Planning Portal but must be submitted directly to the CIL Officer – CIL@arun.gov.uk.

CIL Forms

The CIL forms, quoted in the sections above are provided below for ease of reference. These have been taken from the Planning Portal website and are up to date as of 1 April 2020.

CIL Charging Process

Stage 1: CIL Additional Information Form - Applicant/Agent

All planning applications whether for full, reserved matters & householder planning applications must be accompanied with a Form 1: Additional Information Form. Please note: the application will be invalid without fully completed form attached.

Further information may be required for larger or more complex applications if the information on the form is not sufficient for the council to determine whether the development is CIL liable and to calculate the CIL liability.

Stage 1a: Notice of Chargeable Development

If an unimplemented development was granted planning permission by way of general consent (including permitted development) before Arun became a CIL Charging Authority then Form 5 – Notice of Chargeable Development (NCD) must be submitted to the Charging Authority before the authorised development commences. Upon receipt of a valid NCD, the Charging Authority will serve a Liability Notice to the relevant person, the liable person (if different from the person submitting the NCD and the owner of the relevant land). Failure to submit the NCD prior to commencement will result in surcharges being applied and instalments not being offered. Those submitting a Notice of Chargeable Development must also submit the following Notices:

Form 2 - Assumption of Liability

Forms 7-10 - Exemption or Relief Claim forms (if applicable)

Form 6 – Commencement Notice

If the Charging Authority believe that a development granted planning permission by general consent has commenced without the submission of a Notice of Chargeable Development, the charging authority must prepare a notice of chargeable development and serve it on each person known to the authority as an owner of the land, alongside a CIL Liability Notice.

Stage 2: Liability to pay CIL - Applicant/Agent

Form 2: Assumption of Liability should be submitted with Form 1 on submission. This can be changed if the liable party changes before development commences using Form 3 or Form 4 (whichever is applicable). Please note: If applicable, you should complete the relevant exemption or relief form at this stage.

Stage 3: Liability Notice - CIL Officer

If the application is granted planning permission, the Council will issue a Liability Notice (to the person(s) named in Form 2: Assumption of Liability). This will explain how much CIL will be payable which will become due on the date of commencement - detailed below:

Please note: If the Liability Notice states the chargeable amount is £0 due to an exemption or relief from CIL being granted, you will still receive a Liability Notice.

If I don’t agree with the Liability Notice, can it be reviewed?

You can request a review of the calculation of the chargeable amount set out in the Liability Notice, in accordance with Regulation 113 of the CIL Regulations 2010 (as amended). To do this you must submit the request for review in writing to CIL@arun.gov.uk within 28 days of the date stated on the Liability Notice that you wish to be reviewed. It is advisable that your request is accompanied by written representation(s) in connection with the review.

A request can not be made on the decision reached:

on an earlier review under Reg. 113

once the relevant development has been commenced

If a claim for relief has been submitted to the charging authority and the claim has not been withdrawn

Stage 4: Commencement Notice - Applicant/Agent

Before works commence (including demolition) submit Form 6: Commencement Notice, notifying the council of the exact date that commencement will take place. This form must be submitted at least one clear working day before the date of commencement. Please note: Failure to submit this form may prevent the ability to pay the charge in instalments; and you may also incur a surcharge. *This form is different from any similar form required by Building Control or Planning Enforcement*

It is important that you wait until you receive an acknowledgement from the CIL Officer that this form has been received. Failure to do this before commencement will result in loss of any rights to pay by instalments and result in a surcharge.

Stage 5: Demand Notice - CIL Officer

You will be issued with a Demand Notice from the date of commencement. This will state the amount of CIL to be paid, when it should be paid and how it should be paid.

Stage 6: Payment of CIL - Applicant and acknowledgment - CIL Officer

The Demand Notice will include an invoice to enable ease of payment. Payment procedures will be set out in the Council’s invoice(s) and we will acknowledge all payments received. Please note: If CIL is due, and not paid, then we can take a range of enforcement actions.

Upon payment, providing you are not subject to any relief and clawback periods, we will remove the CIL charge from the Land Charges Register.

Stage 7: Notification to Land Charges

Once we have received the CIL payment, the CIL charge will be removed from the Land Charges Register.

However, if an exemption has been granted for a Residential Extension (for extensions of 100sqm or more), the CIL charge will be removed from the Land Charges Register once commencement has been confirmed. For other types of relief/exemption, the CIL charge will remain on the Land Charges Register for 3 or 7 years, depending on what exemption or relief has been granted, in the event a disqualifying event occurs. The CIL charge will be removed when the time period lapses.

In the event a permission is not implemented and development not built out, the CIL charge will be removed from the Land Charges Register upon expiry of the planning permission.

Stage 8: Notification to Council - Applicant/Agent

Where relief has been granted, and then a disqualifying event occurs, you must notify the Council, in writing, giving 14 days advance notice. Failure to do so will incur a penalty surcharge. A CIL Demand Notice will be issued detailing the payment due. Please note: If you fail to notify us of a disqualifying event, we will give the relevant person(s) 28 days notice before taking action.

*CIL involves a number of stages, which are legal processes that must be complied with. Failure to do so could result in penalties such as surcharges (up to £2,500) and removal of any exemptions/relief or instalments granted to you. We can also take enforcement action to collect outstanding CIL charges; in the most severe cases this may include stopping development on site or taking court action*.

Exemptions & Relief

Minor development e.g. an extension to an existing building where the gross internal area of the new build will be less than 100 square metres is exempt from liability to pay a CIL charge. Other types of development may be exempt from the CIL charge. These include

residential annexes or extensions

self-build house and

charitable development

Social Housing

These are subject to the receipt of a valid exemption application form.

Gross internal floorspace of any existing buildings, including buildings that are going to be demolished, can be deducted from the CIL liability if they have been occupied in a lawful use for a continuous period of at least 6 months within the period of three years ending on the day planning permission permits the development. The applicant will need to provide evidence to demonstrate such lawful use.

Surcharges

If the CIL process is not followed correctly the following surcharges/interest will be applied:

Surcharge of £50 on each person liable to pay CIL for failure to assume liability (Regulation 80)

Surcharge of £500 for each material interest where liability has to be apportioned (Regulation 81)

Surcharge equal to 20% or £2,500 of the chargeable amount, whichever is the lower amount, for failure to submit a Notice of Chargeable Development (Regulation 82)

Surcharge equal to 20% or £2,500 of the chargeable amount, whichever is the lower amount, for failure to submit a Commencement Notice (Regulation 83)

Surcharge equal to 20% or £2,500 of the chargeable amount, whichever is the lower amount, for failure to notify of a disqualifying event (Regulation 84)

Surcharge equal to 5% or £200, whichever is the greater amount, on the outstanding liability for late payment after the end of 30 days after the liability is due, further increasing after outstanding after six months and after 12 months under Regulation 85

Surcharge equal to 20% or £1,000 of the relevant amount, whichever is the lower amount, for failure to comply with an Information Notice under Regulation 86

Late payment interest at a rate of 2.5% on the relevant amount above Bank of England Base Rate due from the date payment was due under Regulation 87

Appeals

Appeals can be made against all aspects of the Community Infrastructure Levy collection & enforcement system. CIL Appeals are subject to their own appeals procedures under the CIL Regulations 2010 (as amended).

Chargeable Amount Appeal (Reg. 114)

Apportionment of Liability Appeal (Reg. 115)

Charitable Relief Appeal (Reg. 116)

Exemption for Residential Annexes Extensions Appeal (Reg. 116A)

Exemption for self-build housing Appeal (Reg. 116B)

Surcharges Appeal (Reg. 117)

Deemed Commencement Appeal (Reg. 118)

CIL Stop Notice (Reg. 119)

Appeals under Regulations 114, 115, 116, 116A and 116B are administered by the Valuation Office Agency (VOA). Information on how these appeals are administered and how to make an appeal under one of these regulations is located on the Gov.uk - Making a CIL Appeal website.

Appeals under Regulations 117, 118 and 119 are administered by the Planning Inspectorate. Information on how these appeals are administered and how to make an appeal under these regulations is located on the Gov.uk - Appeal a CIL Enforcement Notice website.

External Links for further information

Town and Parish CIL

Please find below Arun District Council’s Community Infrastructure Levy (CIL) Guidance for Town and Parish Councils. This document has been prepared as a guide to set out how CIL receipts will be passed to Town and Parish Councils and when. It also explains how CIL receipts can be spent and how they must be monitored on an annual basis. Please also find the suggested Town and Parish Council CIL Monitoring Template which the Council advises to use.

Local Land Charges

Why is the CIL charge registered by Local Land Charges?

The Community Infrastructure Levy Regulations 2010 (as amended) No.948 state under Regulation 66, that the chargeable amount payable in respect of a chargeable development is a local land charge.

If the requirements of the CIL regulations are breached, or the ownership of the development or part thereof is transferred before the end of the relevant clawback period, the seller is obliged to inform the collecting authority of the disposal and this may result in a disqualifying event. Should that be the case, the new owner (“relevant person”) will become liable to pay towards the CIL.

What stage of the CIL process do notices get registered by Local Land Charges?

NOTIFICATION

LOCAL LAND CHARGE STATUS

Planning Permission

Part 3 registration

Liability Notice (including exemptions)

Part 1 registration

WHERE APPLICABLE: Revised Liability Notice issued in respect of the same chargeable development (to reflect social housing relief for example)

When does a CIL Chargeable Amount Cease to be a Local Land Charge?

The CIL chargeable amount ceases to be a local land charge once all outstanding amounts for CIL due in respect of the chargeable development have been paid or once the end of the clawback period has been reached and no disqualifying events have taken place.

What is the clawback period?

In some cases, the CIL chargeable amount on a development may be subject to a discount where relief or an exemption from CIL on all or part of the chargeable floorspace has been granted. Where relief or an exemption from CIL has been granted, it will be subject to certain conditions being met within a specific timeframe (the clawback period).

Where these conditions are not met within the clawback period, this is called a disqualifying event. The relief or exemption will then be withdrawn by the collecting authority and the full chargeable amount will become payable.

How do Clawback Periods relate to different types of Relief and Exemption?

In the event of development that has been granted charitable relief the local land charge registration should remain on the Register for a period of seven years beginning on the day on which a chargeable development is commenced, provided a disqualifying event has not occurred during the seven year clawback period. This rule also applies to development which has been granted social housing relief, unless the relief has been granted in accordance with condition 5 of regulation 49, whereby the clawback period begins with the date on which the qualifying dwelling is first let.

Where relief is being granted for residential annexes or self-build housing, the registration should remain in place for a period of three years, running from the date of issue of the compliance certificate, provided a disqualifying event has not occurred.

If a disqualifying event occurs, the CIL chargeable amount ceases to be a local land charge when full payment of the amounts due have been received.

How is the CIL revealed on a full local Authority search?

The full Local Authority Search is made up of two forms, the LLC1 and the CON29 (For further information relating to Local Land Charges please visit https://www.arun.gov.uk/local-land-charges). The information relating to CIL can be revealed on both forms, depending on the specific circumstances and the stage at which the CIL application has progressed. The LLC1 reveals registrable CIL items and the CON29 form reveals further information regarding CIL charges against a property at Q.3.10.

How is CIL CON29 information obtained by a Personal Search Agent?

There is a CIL layer available on the Geographical Information System used when carrying out the Personal searches at the Arun District Council Civic Centre, Littlehampton (Please visit https://www.arun.gov.uk/personal-searches for further information). By using this layer, you will be able to identify whether there has been CIL recorded against a property and the planning reference this relates to.

To enable Personal Search Companies to answer the CON29 question the Council has made all key CIL documents a matter of public record to be published against the relevant planning application reference to which they relate, please visit https://www.arun.gov.uk/weekly-lists.

If you have any specific questions at this time, please do get in touch: cil@arun.gov.uk or 01903 737500 and ask for Planning Policy.